Legal Opinion

Middletown & Swatara Consolidated Water Co. v. Middletown Borough

Pennsylvania Court of Common Pleas, Dauphin County

Decided February 12, 1923No. 18Published

Plaintiff’s reply raising questions of law. C. P. Dauphin Co., Jan. T., 1921, No. 18.

1Opinion of the Court

Wickersham, J.,

The plaintiff in this case commenced an action of assumpsit to recover from the defendant, a municipal corporation, rent for forty-one water-plugs or hydrants from July 1, 1918, to Jan. 1, 1921, at the rate of $25 per hydrant, amounting to $2562.50, together with interest thereon from the date when each semi-annual instalment of rent became due and payable.

The plaintiff’s action is based upon a written contract between the Borough of Middletown, by its chief burgess, and president of the borough council (as authorized by resolution of said council bearing date Dec. 13, 1897)…

2Cases cited7 opinions

  1. Hibert v. LangSupreme Court of Pennsylvania · 1895
  2. Mintz v. Tri-County Natural Gas Co.Supreme Court of Pennsylvania · 1918
  3. Hunter v. HenningSupreme Court of Pennsylvania · 1918
  4. Halfpenny v. BellSupreme Court of Pennsylvania · 1877
  5. Westinghouse Electric & Manufacturing Co. v. WilsonSuperior Court of Pennsylvania · 1916

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